DEBT COLLECTION IN UKRAINE
There is a mixed system to enforce judgments in the country of Ukraine. In 2017 the enforcement sector changed dramatically which now gives an option to collect your debts either through - Ukraine’s state enforcement officers or via private enforcement officers (private sector). Today, private enforcement officers are recognized to be more effective than state enforcement officers. Why? The main reason for this, is that a private enforcement officer is motivated to enforce a judgment. The officers livelihood would depend on it. Private enforcement officers, such as our firm, care about our clients and liaise with them throughout the process.
Private Enforcement Officer Ivan Zhabotynskyі
Ivan Zhabotynskyі is among those who became a private enforcement officer in Ukraine from the very outset. The office of a private enforcement officer applies all possible legal measures to enforce a judgment. We can undertake a number of legal actions on the Creditors behalf when enforcing the judgment, such as, seizure or arrest of property, search of a debtor or their assets, claiming debtor’s property from third parties, and even initiating a restriction of a debtor travelling abroad. As you can see the Ukraining enforcement system is very robust than in many other countries, therefore increasing your chances of success.
Ivan Zhabotynskyі, along with his assistants, is fluent in English and can consult with you on most legal issues related to enforcement proceedings. If a client would need to obtain court permission to enforce a foreign judgment in Ukraine, protect its violated rights in Ukrainian jurisdiction or simply obtain a qualified legal aid, Ivan Zhabotynskyі can recommend experienced and skilled lawyers.
As a matter of the legislation, there are two types of enforcement fees a private enforcement officer may charge. A primary enforcement fee is a compulsory one and charged to a debtor at the rate of 10 % of the sum collected from the debtor. The other one is an additional enforcement fee, which is not compulsory. The additional enforcement fee is paid by a client if there are certain agreements made between the officer and the client. Usually, our office through our enforcement officer Ivan Zhabotynskyі enforces judgments for the primary enforcement fee only. If we undertake a number of additional enforcement actions to collect your debt from the debtor an additional enforcement fee may required, however this is handled and negotiated on a case by case basis. To cooperate with our private enforcement officer Ivan Zhabotynskyі, a client must apply for the commencement of enforcement proceedings, in other words file a writ of enforcement and conclude an agreement relating to an additional enforcement fee, if necessary.
Procedure of Foreign Judgments in Ukraine
A foreign judgment or an arbitral award may be enforced in Ukraine only after a Ukrainian court permits its enforcement.
For this, a party seeking to enforce a foreign judgment or an arbitral award must file a motion with the court. The motion must be filed within three years of the date for such a judgment or award to have the legal effect.
Should you wish to discuss any debt matter you can either look at our website or send us an email.
You can find more information at our website: enf.com.ua
Tel No+38 044 501 31 30
Tel No+38 095 501 31 30
Address - st. Bohdan Khmelnytsky, 17 / 52A, 6th floor, of. 610
Overview of the Company and the services :
Founded in 2004, Burkhalter & Associés Sàrl is active in commercial procedures, debtor management and debt collection through-out Switzerland but also in Europe and on occasions globally.
Today, Burkhalter & Associés has a varied clientele made up of commercial and industrial companies, banking establishments, as well as a large number of judicial officers, lawyers and private individuals.
As a legal service, all business entrusted to us is exclusively dealt with by experienced lawyers and legal experts.
Our policy is to put the our customers at the center of our concern. We customize the management of our files, to meet the the very high requirements of our clients.
Our fees are conditional, they are applied on the amout we have collected, according to the table below.
Debt collection in Switzerland :
Debt collection in Switzerland is possible on the basis of the Federal law on debt enforcement and bankruptcy (LP).
The function of judicial officers does not exist in Switzerland. This function is assumed by a state organisation called the Debt Collection and Bankruptcy Office (Betreibungsamt, Office des poursuites, Ufficio di execution). Seizure is in a way a State monopoly.
Although subject to a federal law, the organisation of debt collection offices is the jurisdiction of cantons. The latter are free to organise their territory into debt collection and bankruptcy.
The debt collection and bankruptcy office proceeds, at the creditor’s request, with all acts necessary for the forced enforcement of a debt.
Procedure in brief :
The Swiss procedure of forced enforcement starts with the notification of a payment order by the debt collection office of the debtor’s domicile.
If there is no objection to the payment order, the performance procedure takes its course, a seizure is carried out and its result obviously depends on the financial situation and in particular the revenue of the debtor. The share known as “seizable” is that which exceeds the amount of the debtor’s living wage, which is also calculated by the competent debt collection office.
It is also necessary to specify that the debt collection office has a duty to carry out a “universal” seizure concerning all assets, resources and revenue of the debtor whatever their nature and wherever located in Switzerland.
Finally, if at the end of a 12-month seizure period the debt in question is not fully repaid, the debt collection office issues a loss certificate (certificate of insolvency) which interrupts the prescription and allows access to a new seizure, for a 20 year period.
Let us specify again that if there is an objection to the payment order, the procedure is similar notwithstanding the need to have the objection dismissed by a legal event in other words that of a petition for court summons as withdrawal of objection.
Cost of a complete procedure:
The costs of a complete procedure are very difficult to estimate since they depend on the steps that will have to be taken.
The estimate cost for a procedure without a judicial act are as follows :
If a petition for court summons as withdrawal of objection is necessary (see above), the costs of the court depend on the cantons. Generally, they vary between CHF 800.-- to CHF 1'600.--. Urban cantons are the most expensive.
Judicially enforced receivership
If the creditor party has:
- A judicial act satisfying the conditions of the CL
- A notarial act satisfying the conditions of the CL
- An acknowledge of debts concluded under private agreement
- A loss certificate
A court summons procedure as a enforced receivership can be instituted.
This procedure allows the immediate seizure of personal property, including the debts or real property found in the debtor’s estate and having a sufficient link with Switzerland.
Once the enforced receivership granted by the judge, the procedure must then be validated by a standard debt collection procedure as set out previously.
The aim of this procedure is to safeguard the assets found in the estate of the prosecuted, thus preventing the latter from relinquishing them for the purposes of harming his creditors.
The costs of this procedure are the same as for withdrawal an objection, they vary between CHF 800.-- to CHF 1'600.-- according to the canton, urban cantons are the most expensive.
Phone : +4132 964 11 11
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Internal record keeping.
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Valdas Ceglikas, Birute Cereskiene and Vilma Leskeviciene judicial enforcers' bureau
Mob - +370 61 816 407
Judicial enforcers work as private entities in Lithuania with some of their functions landed from the government and they are the only legal entity in Lithuania that can enforce court decisions: Debt recovery, evictions etc.
Our bureau has a specialized debt collection and legal department that was established more than 10 years ago. The department's main prerogative is amicable debt collection and legal consulting.
Our professionals provide efficient amicable debt collection services working under strict ethics and legal ground.
We pride ourselves in our work and the trust received from our clients.
Judicial enforcers can start an enforcement case depending on their territory. Valdas Ceglikas, Birute Cereskiene and Vilma Leskeviciene judicial enforcers bureau covers the largest territory in the country and when an enforcement case has to be initiated in another territory our bureau can send the court decision to their partner in the required territory. Our bureau strives to make the process as smooth for their clients as possible, freeing them from the unneeded paperwork and organizing all the transactions for the client.
One Bureau – whole country.
To initiate enforcement case, minimum payment set by the ministry of justice has to be paid, with the amount depending on the collectible sum.
All additional costs are paid by the debtor.
Our law firm
Studio Corno Avvocati was established in 1994 in order to provide its clients (companies, individuals and professionals) with a vast range of in and out of court legal services at local, national and transnational levels.
Debt collection services are provided at a judicial and extra-judicial level, on behalf of Italian and foreign entities.
Debt Collection in Italy
Italy does not have self-employed judicial officers but only Court Bailiffs (public officers employed by the Ministry of Justice, working for the various law courts and allowed to act in the course of forced execution). Debt collection services are provided in the following steps and with the following characteristics.
First step – out of court debt collection
Upon request of the client, our law firm forwards to the debtor a payment notice, either by registered letter or certified mail. Such notice usually grants the debtor with a certain delay to provide with the spontaneous payment of the debt. When appropriate, following the first notice, our law firm also contacts the debtor by phone or e-mail in order to try to reach an agreement and obtain a voluntary payment.
Second step – solvency researches
In case of negative outcome, our firm advices its clients to carry out inquiries and solvency researches utilizing reliable agencies.
Third step – court debt collection
If recovery is convenient for the client, our law firm advices to start a legal proceeding. The usual way to obtain an enforceable order is through a “ricorso per decreto ingiuntivo”, i.e. and application which allows the creditor to obtain a payment order, issued by Italian Courts on specific grounds. If the conditions set by the law to apply for a “ricorso per decreto ingiuntivo” do not exist, other proceedings are used.
Fourth step – enforcement
Following issuance of a payment order by the Court, should the debtor not raise any opposition by the deadline provided by Italian Civil Procedure Code, the creditor may start the following enforcement proceedings:
- third party attachment: it is normally the speediest (3/4 months) and allow the creditor to seize the debtor’s bank accounts or other debtor’s credits;
- enforcement on movable goods: it allows to seize movable goods owned by the debtor. The goods are subsequently sold in public auctions;
- enforcement on real assets of debtors (immovable): it allows to seize immovable goods owned by the debtor. The goods are subsequently in public auctions.
The said enforcement proceedings may, also, be started based on a payment order (“decreto ingiuntivo”) declared by the court immediately enforceable. Therefore, enforcement proceedings may be commenced, in this case, notwithstanding the opposition to the decreto ingiuntivo filed by the debtor.
Fifth step – filing of bankruptcy of the debtor
If the enforcement is unsuccessful and the debtor is subject to bankruptcy according to the Italian Insolvency Law rules, the creditor may file to the competent court an application for the opening of a compulsory winding up proceeding (“fallimento”).
If such proceeding is opened or has already been opened, the creditor may lodge its claim within the said proceedings.
Cross border Debt Collection
Debt collection activities against debtors domiciled within the European Union are usually carried on either through local correspondents - unless the jurisdiction of Italian courts exists - or using the most relevant European Regulations in civil and commercial issues (nn. 805/2004; 1896/2006; 861/2007; 1215/2012).
Debt collection activities against debtors domiciled outside the European Union are usually carried on either through local correspondents, unless the jurisdiction of Italian courts exists.
Lukov, Gorchev & Daskalov, private enforcement officers
In Republic of Bulgaria a private enforcement officer is an independent law professional, licensed by the state to enforce private and public titles of debt.
Lukov, Gorchev & Daskalov, PEO is a professional partnership of certified judgment enforcement officers. Since 2006, we pride ourselves in delivering services to our Clients, tailored to their needs. Although specializing in collection of commercial debts, execution of commercial lien titles and service of process, we offer the full scope of enforcement services as well as business consulting in the areas of debt recovery, EU law & regulation, debtors’ assets assessment.
We take pride in our Clients that include some of the largest national and regional businesses, foreign companies, commercial banks and financial institutions, as well as utility companies. Our partnership provides collection services to and carries out joint projects with some of the leading law firms in Bulgaria. Lukov, Gorchev & Daskalov is one of the few judgment enforcement offices functioning on corporate bases, applying the highest professional standard in the area of collection of private and public dues.
The corporate structure of Lukov, Gorchev & Daskalov consists of specialized functional units, delivering efficiency, optimal customer service, financial management and prompt document processing administration. We are proud to be recognized by both our Clients and our peers in the field of private enforcement services, as one of the offices, providing flexible and efficient solutions for resolving the issues our Clients are facing. In the course of that process we maintain constant awareness of the delicate balance between the creditor’s interest and all legal rights of the debtor. Such approach allows us to achieve high results in collection, while preserving the good relationship between the parties involved in the process to the best extent possible.
The extensive and diverse legal and business experience, dedication and enthusiasm of our team, has brought us recognition as one of the leading offices in the field of private debt collection in Bulgaria.
For details please refer to lg-bg.com.